S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9179
 
                             I N  S E N A T E
 
                                May 2, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to providing protections  for
   telecommunications tower technicians
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative intent. Installation and maintenance  of  tele-
 communications equipment on towers is sensitive work that requires dili-
 gent  consideration  of  safety concerns. Tower climbing is an essential
 yet dangerous job - between 2003 and 2022, 166 workers in the cell tower
 industry died on the job - but there  are  few  regulations  and  safety
 standards in place.
   Additionally,  the existence of multi-layered employment structures in
 the industry can weaken employer accountability for ensuring safe condi-
 tions, impacting both workers and the public.
   The work tower technicians perform ensures New Yorkers have access  to
 reliable and convenient cell service that is essential to daily life, as
 well  as reliable 911 services. Many of these towers are state assets or
 on state-owned land. New York  state  has  a  proprietary  and  economic
 interest  in ensuring that its property is properly maintained and safe-
 guarded, that equipment installed on state property does not  cause  any
 undue risk to property or livelihood.
   §  2. The labor law is amended by adding a new article 21-B to read as
 follows:
                                ARTICLE 21-B
                       TOWER TECHNICIAN PROTECTIONS
 SECTION 790.   DEFINITIONS.
         790-A. TOWER TECHNICIAN PROTECTIONS.
         790-B. SEVERABILITY.
   § 790. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "BIDDER"  MEANS  ANY  INDIVIDUAL,  BUSINESS, VENDOR OR OTHER LEGAL
 ENTITY, OR ANY EMPLOYEE, AGENT, CONSULTANT OR PERSON  ACTING  ON  BEHALF
 THEREOF, THAT SUBMITS A BID IN RESPONSE TO A SOLICITATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15134-04-4
 S. 9179                             2
 
   2.  "TELECOMMUNICATIONS  TOWER" MEANS ANY FREESTANDING TOWER, MONOPOLE
 OR SIMILAR STRUCTURE OR FACILITY USED  FOR  THE  PROVISION  OF  WIRELESS
 SERVICES  INCLUDING  ANCILLARY  TELECOMMUNICATIONS EQUIPMENT REQUIRED TO
 INTEGRATE SUCH STRUCTURE OR FACILITY INTO AN EXISTING OR PROPOSED  WIRE-
 LESS NETWORK.
   3.  "TOWER  TECHNICIAN"  MEANS ANY TELECOMMUNICATIONS PROFESSIONAL WHO
 INSTALLS, REPAIRS, AND MAINTAINS TELECOMMUNICATIONS  TOWERS  AND  EQUIP-
 MENT.
   4.  "CONTRACTOR"  MEANS  ANY  PERSON,  FIRM, PARTNERSHIP, CORPORATION,
 ASSOCIATION,  COMPANY,  ORGANIZATION  OR  OTHER  ENTITY,   INCLUDING   A
 CONSTRUCTION MANAGER, GENERAL OR PRIME CONTRACTOR, JOINT VENTURE, OR ANY
 COMBINATION  THEREOF,  WHICH ENTERS INTO A CONSTRUCTION CONTRACT WITH AN
 OWNER.
   5. "SUBCONTRACTOR" MEANS ANY PERSON, FIRM,  PARTNERSHIP,  CORPORATION,
 COMPANY,  ASSOCIATION,  ORGANIZATION OR OTHER ENTITY, OR ANY COMBINATION
 THEREOF, WHICH IS A PARTY TO A CONTRACT WITH A CONTRACTOR, AND/OR  PARTY
 TO  A  CONTRACT  WITH  THE  CONTRACTOR'S  SUBCONTRACTORS  AT ANY TIER TO
 PERFORM ANY PORTION OF WORK WITHIN THE SCOPE OF THE  CONTRACTOR'S  TOWER
 SERVICES  CONTRACT WITH THE OWNER, INCLUDING WHERE THE SUBCONTRACTOR HAS
 NO DIRECT PRIVITY OF CONTRACT WITH THE CONTRACTOR.
   6. "PROCUREMENT CONTRACT" MEANS ANY WRITTEN AGREEMENT ENTERED INTO  BY
 A STATE AGENCY FOR THE ACQUISITION OF GOODS, SERVICES, OR CONSTRUCTION.
   7. "TOWER SERVICES" MEANS ANY WORK PERFORMED BY A TOWER TECHNICIAN, OR
 LICENSING AGREEMENTS REGARDING THE USE OF STATE-OWNED TELECOMMUNICATIONS
 TOWERS.
   8.  "OSHA"  MEANS  THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINIS-
 TRATION.
   §  790-A.  TOWER  TECHNICIAN  PROTECTIONS.  1.  FOR  ANY   PROCUREMENT
 CONTRACTS  FOR  TOWER  SERVICES  ENTERED  INTO BY NEW YORK STATE, OR ANY
 AGENCY, DEPARTMENT, DIVISION, BUREAU, OFFICE, OR OTHER SUBDIVISION THER-
 EOF AND A PRIVATE ENTITY, THE REQUIREMENTS OF THIS SECTION SHALL BE MET.
   2. (A) TOWER TECHNICIANS EMPLOYED BY A BIDDER AND ALL ITS  CONTRACTORS
 AND/OR  SUBCONTRACTORS  SHALL BE PROVIDED THE FOLLOWING TRAININGS DURING
 WORK HOURS AND WITHOUT SUFFERING A LOSS OF PAY, BY A BONA  FIDE  SOURCE,
 INCLUDING BUT NOT LIMITED TO:
   (I) OSHA'S 1926 STANDARDS TRAINING FOR CONSTRUCTION COURSE;
   (II) IN-PERSON FIRST AID AND CARDIOPULMONARY RESUSCITATION;
   (III) RADIOFREQUENCY RADIATION AWARENESS;
   (IV) THE GLOBALLY HARMONIZED SYSTEM FOR CLASSIFICATION OF CHEMICALS;
   (V) OSHA'S STANDARDS FOR PROTECTIONS AGAINST BLOODBORNE PATHOGENS;
   (VI) AN AUTHORIZED OR COMPETENT CLIMBER COURSE;
   (VII) AN AUTHORIZED OR COMPETENT RESCUER COURSE;
   (VIII) A COMPETENT RIGGER OR QUALIFIED PERSON COURSE;
   (IX) A CAPSTAN HOIST OPERATOR COURSE;
   (X) A SIGNAL PERSON COURSE; AND
   (XI) A MOBILE ELEVATED WORK PLATFORM COURSE.
   (B) ALL TRAININGS UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL, WHER-
 EVER  POSSIBLE,  MEET  OR EXCEED OSHA SAFETY STANDARDS OR BE OSHA CERTI-
 FIED.
   3. A BIDDER SHALL SUBMIT WITH ITS BID A LIST OF  ALL  CONTRACTORS  AND
 SUBCONTRACTORS,  THAT  INCLUDES  THE FOLLOWING INFORMATION FOR EACH SUCH
 CONTRACTOR AND SUBCONTRACTOR:
   (A) THE BIDDER'S NAME, STATE AND FEDERAL TAX  IDENTIFICATION  NUMBERS,
 STATE CONTRACTOR'S LICENSE NUMBER, LICENSE CATEGORY, AND LICENSE EXPIRA-
 TION DATE SCOPE, AND THE DURATION AND LOCATION OF WORK TO BE PERFORMED;
 S. 9179                             3
 
   (B)  CONFIRMATION THAT THE BIDDER'S EMPLOYEES, OR THE EMPLOYEES OF THE
 RELEVANT CONTRACTOR, SUBCONTRACTOR, OR AGENT HAVE THE  REQUIRED  CERTIF-
 ICATIONS, TRAININGS AND LICENSES, SPECIFYING THE CONTRACTOR, SUBCONTRAC-
 TOR, OR AGENT IF APPLICABLE;
   (C) A LIST OF JOB TITLES AND WAGES FOR ALL TOWER TECHNICIANS;
   (D) WHETHER SUCH TOWER TECHNICIANS ARE DIRECTLY EMPLOYED; AND
   (E)  ANY  PREVIOUS  AND  PENDING  ENFORCEMENT  ACTIONS  RESULTING FROM
 VIOLATIONS OF STATE OR FEDERAL LABOR LAW, ALONG WITH ANY PENALTIES PAID,
 CRIMINAL CONVICTIONS, OR JUDGMENTS RELATED TO THE PROVISIONS OF NEW YORK
 STATE LABOR AND EMPLOYMENT LAWS, THE FEDERAL LABOR  STANDARDS  ACT,  AND
 THE OCCUPATIONAL SAFETY AND HEALTH ACT.
   4.  ANY INFORMATION PROVIDED BY A BIDDER SHALL BE SUBJECT TO THE FREE-
 DOM OF INFORMATION LAW UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   5. A BIDDER SHALL, ON A YEARLY BASIS, PROVIDE THE INFORMATION IN  THIS
 SECTION  TO THE COMPTROLLER AND THE DEPARTMENT, SEPARATE FROM THE APPLI-
 CATION PROCESS.
   6. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
 AGREEMENT TO THE CONTRARY.
   § 790-B. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION
 OR SECTION OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT  OF  COMPETENT
 JURISDICTION  TO  BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR
 INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
 TO THE CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVISION  OR  SECTION  THEREOF
 DIRECTLY  INVOLVED  IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE
 BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE
 THAT  THIS  ARTICLE  WOULD  HAVE  BEEN  ENACTED  EVEN  IF  SUCH  INVALID
 PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 3. This act shall take effect immediately.